Child custody is often one of the more difficult issues that we address when undertaking the divorce process. We must have a provision for the custody of children 18 years or younger.Now, children are not emancipated until they are 21 in New York but a court can only issue a custody order for children who are 18 years old or younger. When we address custody, we must discuss a number of issues. Where will the children live? Will they have a primary residence or will they share two residences, one with each parent? Who will be making decisions for the children? And those decisions can be minor decisions, major decisions; every decision. Each family has their own unique dynamic and we do try to discuss and inquire and consider and understand those dynamics when we address custody issues.
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In addition to decision making and where the children will live, we also must address a schedule. The schedule will be a weekday schedule, a weekend schedule, a vacation schedule, holiday schedule, there are many issues that we must address when resolving the custody issue.
